Actual Election
National Election Office
The system of local self-government elections
I. The system of local Self-government elections
The Constitution of the Republic of Hungary stipulates that voters exercise local governance through the body of representatives elected by them, moreover by means of local referenda.
Accordingly, the aim of municipality elections is to establish new local self-governments in the settlements and counties of the country and in the capital city, and to elect local minority self-governments.
Pursuant to the Constitution, every Hungarian citizen of legal age (18 years as a rule) domiciled on the territory of the Republic of Hungary and every citizen of legal age belonging to another Member State of the European Union possessing a registered residence on the territory of Republic of Hungary is entitled to the right to stand as a candidate and – if they stay on the territory of the Republic of Hungary on election day, – to vote in the election of the representatives and mayors of local self-governments. However, only Hungarian citizens may be elected as mayor or mayor of the capital city (Lord Mayor). Pursuant to the Constitution, suffrage is also granted to persons of legal age acknowledged as refugees, immigrants or domiciled.
The right to vote is only restricted by what are referred to as the natural grounds for disfranchisement. The following citizens shall not have the right to vote:
§ persons who are under guardianship or conservatorship that precludes legal capacity on the basis of final court verdict,
§ persons who are subject to a final legal judgment forbidding them to participate in public affairs,
§ persons who are incarcerated,
§ persons who have been committed to treatment in a mental institution on the basis of a final legal judgment rendered in criminal proceedings.
Further constitutional restriction is, that professional members of the defence forces, police and national security services cannot stand for election as candidates during and 3 years after their serving relationship.
Local municipality elections take place in a single round, and pursuant to the Constitution, they shall be held in October of the fourth year following the previous general elections. As part of this the representatives and mayors of settlements, and the members of county assemblies are elected. Also, voters living in the capital city elect the members and mayors of capital district self-governments, and the representatives of the metropolitan assembly and the Lord Mayor. Due to the special nature, local minority elections are described in a separate chapter.
Citizens of Hungary are entered in the electoral roll – except the minority elections – automatically. The electoral roll is compiled by the head of the local election office (LEO) as per the domicile of the voter, using data derived from the central register of names, addresses of citizens and the register of disfranchised citizens. The LEO informs the local voters by sending a notice about having them entered in the electoral roll and the time and place of the elections. This notice has to be sent to the voters latest by the 45th day (19 August 2010) prior to polling day. Together with the notice, the so called endorsement coupons needed for putting up candidates are also sent to the voters. Only candidates living in the constituency according to the voters domicile may be proposed. The coupons have to be completed properly and signed by the voter him/herself before handing over to the person collecting the coupons. Proposal is not mandatory, but cannot be withdrawn.
The regulatory documents for the local self-government elections are contained in the following statutory instruments:
1. Act XX. of 1949 The Constitution of the Republic of Hungary, which articulates the right of self-government for municipalities and counties, regulates the criteria concerning the right to vote as a fundamental political right, specifies the principles of elections, and the more fundamental rules for calling elections.
2. Act L of 2010 on the Election of Self-government Representatives and Mayors, which includes the substantive law related rules of municipality elections, thereby specifying the rules for constituencies and proposal of candidates, the manner of distributing mandates and the rules for determining the result; moreover it contains provisions applicable to the filling of vacant seats and by-elections as well.
3. Act LXXVII of 1993 on the Rights of National and Ethnic Minorities, containing provisions for establishing, operating and dissolving minority self-governments.
4. Act CXIV of 2005 on the Election of Minority Self-government Representatives and Amendment of Specific Laws on National and Ethnic Minorities Act LXXVII of 1993 on the Rights of National and Ethnic Minorities, regulating the suffrage of minorities and containing substantial legal provisions for minority elections.
5. Act C of 1997 on the Election Procedure (the Ve.), which lays down the rules for the legal elements of the election procedure (electoral rolls, election bodies, proposal, nomination, voting, tallying ballots, determining results, legal remedies, etc.).
6. The Decrees of the Minister of Public Administration and Justice (KIM Decrees):
a) which specify the time limits and deadlines of the election [4.2010. (VII.16.) KIM],
b) tasks of election offices, the templates for forms to be used in the course of elections [5/2010. (VII.16.) KIM],
c) as well as the rules for auditing the use of state finances provided for the purpose of elections [7/2010. (VII.21) KIM].
1.1. Election of local self-government representatives at settlements with 10,000 or less inhabitants
Settlements with 10,000 or less inhabitants make up one constituency each, with the following number of representatives:
§ 2 mandates till 100 inhabitants
§ 4 mandates till 1.000 inhabitants
§ 6 mandates till 5.000 inhabitants
§ 8 mandates till 10.000 inhabitants
Local municipality representatives are elected by the voters of the settlement on a so-called individual list, with the block vote method: the names of all candidates are indicated on the ballot paper in alphabetic order, and voters may vote on maximum as many candidates as many representatives can be elected at the settlement (the ballot is valid even if the voter votes on less candidates than allowed). The number of electable representatives is indicated on the ballot paper. Those persons may become candidates, who manage to collect the valid endorsement coupons of at least 1% of the local voters. The candidates that have won the most votes will be the elected representatives. The candidate that has won no votes at all may not be a representative. If not all of the mandates can be allocated because of equality of votes, it shall be decided by drawing lots which candidate will obtain the mandate. If fewer representatives are elected than the number of electable representatives, by-elections shall be called to fill the vacant seats.
The elections may not be held if fewer candidates stand for the election than the number of electable representatives. In this case, by-elections are held, which shall be conducted in 4 months. In the event of elections not taking place for lack of candidates the mandate of the body of representatives will be extended until the date of by-elections.
If a candidate entered on an individual list is elected to be the mayor at the same settlement, s/he shall be deleted from the individual list and replaced with the candidate who has won the most votes.
1.2. Election of self-government representatives at settlements with more than 10,000 inhabitants and in the districts of the capital city
The members of local governments are elected by voters of the settlement in a mixed election scheme. This means that the majority of the mandates are allocated in single member constituencies (SMC) and the remaining from compensation lists (CL). The number of mandates from the single member constituencies and compensation lists varies according to the size of the local population as follows:
§ 8 SMC and 3 CL mandates till 25.000 inhabitants,
§ 10 SMC and 4 CL mandates till 50.000 inhabitants,
§ 12 SMC and 5 CL mandates till 75.000 inhabitants,
§ 14 SMC and 6 CL mandates till 100.000 inhabitants.
The SMC number grows by one after every further 10.000 inhabitants and the CL number grows by one after every further 25.000 inhabitants.
In each single member constituency one representative may be elected, who may stand either as an independent candidate or a candidate of a nominating organisation. Those persons may become candidates in such constituencies, who manage to collect the valid endorsement coupons of at least 1% of the local voters.
Voters may vote on one candidate. The candidate who has won the most votes will be given the mandate. In the event of equality of votes, the elections are inconclusive, and by-elections shall be held.
Compensation lists can be set up by nominating organisations that have put forward candidates in more than half of the single member constituencies. Nominating organisations can obtain mandates from compensation lists on the grounds of fragmentary votes generated in single member constituencies. Votes cannot be cast on compensation lists directly.
The valid votes cast on a candidate of a nominating organisation who has not obtained a mandate shall be fragmentary votes.
The allocation of mandates is determined with the Saint-Laguë method: A chart shall be assembled in which a column of figures shall be established under the name of each compensation list. The first number of the column of figures is the total of the fragmentary votes according to the given list. The following numbers shall be the one third, fifth, seventh, etc. thereof. The largest number that occurs in the chart shall be identified, and the list in the column of figures of which it has been found shall be given one mandate. After that, the next largest number shall be identified: the list in the column of figures of which it has been found shall be given the next mandate. This process shall be continued until all of the mandates have been allocated. Candidates are given mandates in the order of notification. If a candidate entered on a compensation list drops off or is elected to be the mayor or elected in the single member constituency at the same settlement, s/he shall be deleted from the compensation list and replaced with the candidate next in line following.
Mandates shall not be allocated:
§ to the compensation lists of nominating organisations, if the organisations candidates did not reach the 5% threshold of the compensation votes, or
§ to the joint compensation list, if the joint candidates of nominating organisations that have put forward common lists did not reach the 10% threshold of the locally aggregated (settlement level) compensation votes or in the case of a common compensation put list forward by more than two organisations did not reach the 15% threshold.
1.3. Election of mayors and the mayor of the capital city (Lord Mayor)
In the election of the mayor the entirety of a settlement (or capital district) makes up one constituency and in the election of the Lord Mayor the capital city makes up one constituency.
Those persons may become candidate for mayor, who had been proposed by:
§ at least 3% of the voters of a settlement with equal or less than 10.000 inhabitants
§ 2% but at least by 300 voters of settlements with more than 10.000 but equal or less than 100.000 inhabitants,
§ 1% but at least 2.000 voters of settlements with more than 100.000 inhabitants.
Candidates for Lord Mayor require the support from at least 2% of the voting citizens of the capital.
The (Lord) mayor is elected by first past the post method; that is, the candidate that has won the most votes will be the mayor. Voters may vote on one candidate for mayor.
1.4. Election of the members of county assemblies
Representatives of county assemblies are elected on county lists. Every county makes up one constituency each, excluding the capital city and cities with county rights. The number of mandates for county assembles is derived by a method based on the population (including cities with county rights) of the county:
§ 1 mandate after every 20.000 inhabitants till a maximum of 400.000, but at least 15 mandates,
§ 20 mandates till 700.000 inhabitants plus 1 mandate per 30.000 inhabitants exceeding 400.000 inhabitants,
§ 30 mandates above a population of 700.000 and plus 1 mandate per every additional 40.000 inhabitants.
Those nominating organisations may put forward a list in a county-constituency, who had collected the valid endorsement coupons of at least 1% of the voters of the constituency. Joint county lists may be put forward by nominating organisations, which have collected the valid endorsement coupons of 1% but at least 2.000 of the voters of the county-constituency. Voters may vote on one list out of those on the ballot paper.
The county lists will receive mandates in proportion of the votes cast, based on the d’Hondt method: a number column has to be created below every list. The first number in it will be the total votes cast for a list, the second half of the votes cast on the given list, the next one a third, then a quarter thereof, and so on. Mandates are distributed with the help of the table, namely in a way so that the greatest number appearing in the table is found. The list’s number column where this can be found is the list to receive a mandate. Then the next greatest number is found, and this procedure is continued until all of the mandates are distributed.
Mandates shall not be allocated:
§ to the county list of a nominating organisation, if it does not reach a 5% threshold of the valid votes cast for county lists.
§ to a joint county list, if it did not reach the 10% threshold or in the case of a joint list put forward by more than two organisations did not reach the 15% threshold of valid votes cast on county lists.
1.5. Election of the members of the metropolitan assembly
The capital city makes up one constituency; the representatives of the metropolitan assembly are elected from the metropolitan list. The number of mandates on the metropolitan list is determined according to the size of the population of the capital city: one representative may be elected after every 50.000 inhabitants.
The precondition for putting forward lists is based on the compensation lists of the capital districts: those nominating organisations are entitled to put forward a metropolitan list, which have put forward compensation lists in more than half of the capital’s districts. Votes may be cast on a separate ballot for metropolitan lists by choosing one list out. Again, the allocation of mandates is performed with the d’Hondt method as seen with the county assemblies.
Mandates shall not be allocated:
§ to the metropolitan list of a nominating organisation, if it does not reach a 5% threshold of the valid votes cast for metropolitan lists.
§ to a joint metropolitan list, if it did not reach the 10% threshold or in the case of a joint list put forward by more than two organisations did not reach the 15% threshold of valid votes cast on metropolitan lists.
Candidates are given mandates in the order of notification. If a candidate entered on a metropolitan list is elected to be the Lord Mayor, s/he shall be deleted from the list and replaced with the candidate next in line following.
If a candidate obtains mandates from a capital district constituency and the metropolitan constituency as well, s/he shall declare which one mandate s/he accepts and has to be deleted from the list not favoured
Last modify: 2010.10.01.
